Sexual orientation discrimination (also known as sexualism) is discrimination based on a person's sex, sexual orientation, or pregnancy.

Sexual bias

Sexual orientation discrimination often comes up in the context of employment actions. It refers to ''sexual prejudice'', a negative attitude towards someone that is based on their sexual orientation. An example of this bias is

homophobia Homophobia encompasses a range of negative attitudes and feelings toward homosexuality or people who identify or are perceived as being lesbian, Gay men, gay or bisexual. It has been defined as contempt, prejudice, aversion, hatred, or ant ...

, which refers to discrimination towards someone who is homosexual. Often in the work environment, this is seen with

heterosexual Heterosexuality is romantic attraction, sexual attraction, or sexual behavior between people of the opposite sex or gender. As a sexual orientation, heterosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions ...

individuals who are prejudiced against

lesbian A lesbian is a homosexual woman or girl. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate nouns with female homosexu ...

, gay, and

bisexual Bisexuality is romantic attraction, sexual attraction, or sexual behavior toward both males and females. It may also be defined as the attraction to more than one gender, to people of both the same and different gender, or the attraction t ...

people (among others). This is specifically referred to as heterosexism. An earlier definition of this term is: Sexual orientation discrimination is a belief or argument that one sexual orientation or sexual behavior is inherently superior to some or all others. Usually, it comes in the form of

heterosexuality Heterosexuality is romantic attraction, sexual attraction, or Human sexual activity, sexual behavior between people of the opposite sex or gender. As a sexual orientation, heterosexuality is "an enduring pattern of emotional, romantic, and/or ...

being considered the only

natural Nature is an inherent character or constitution, particularly of the ecosphere or the universe as a whole. In this general sense nature refers to the laws, elements and phenomena of the physical world, including life. Although humans are part ...

, normal, or

moral A moral (from Latin ''morālis'') is a message that is conveyed or a lesson to be learned from a story or event. The moral may be left to the hearer, reader, or viewer to determine for themselves, or may be explicitly encapsulated in a maxim. ...

mode of sexual behavior, and is also used to refer to the effects of that instinct. The word ''heterosexism'' has also been proposed to mean essentially the same thing as this form of sexual orientation discrimination. This word has been suggested as an alternative to

, in part because it uses a parallel structure to

sexism Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but primarily affects women and girls. It has been linked to gender roles and stereotypes, and may include the belief that one sex or gender is int ...

racism Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one Race (human categorization), race or ethnicity over another. It may also me ...

. The intent of the concept of heterosexism is the examination of the cultural bias against non-heterosexuals rather than individual bias, which is the focus of homophobia, as well as the adverse effects of normative heterosexuality on heterosexual-identifying people.

Forms of discrimination

Employment actions

Employment actions (or ultimate employment actions), refer to hiring, firing, demotions, promotions, and compensation. Adverse employment actions, however, include termination, demotions, suspension, and changes to conditions, responsibilities and pay. Title VII of the

Civil Rights Act of 1964 The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...

prohibits employment discrimination on the basis of sex. In Bostock v. Clayton County 590 U.S. ___ 2020, the Supreme Court found that adverse employment actions made due to an employee's sexual orientation or gender identity violate Title VII.

Service provision

Sexual orientation discrimination also occurs at the time of service provision from a business or government agency to an individual or group. Such services may include dining at a restaurant, visiting a partner at the hospital, receiving healthcare, or acquiring a marriage license.

Sexuality or sexual nature

The term pansexualism, seen especially in the field of early-20th-century

psychoanalysis PsychoanalysisFrom Greek language, Greek: and is a set of theories and techniques of research to discover unconscious mind, unconscious processes and their influence on conscious mind, conscious thought, emotion and behaviour. Based on The Inte ...

, was based on the usage of the term "sexualism" to refer to humanity's sexual nature. The terms "homosexualism" and "bisexuals" were also based on this usage, and were commonly used before the general adoption of the terms

homosexuality Homosexuality is romantic attraction, sexual attraction, or Human sexual activity, sexual behavior between people of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexu ...

and

bisexuality Bisexuality is romantic attraction, sexual attraction, or Human sexual activity, sexual behavior toward both males and females. It may also be defined as the attraction to more than one gender, to people of both the same and different gender, ...

Key court decisions

Latta v. Otter

Latta v. Otter, 771 F.3d 456 (9th Cir. 2014) is a court case that resulted from a federal lawsuit filed by four couples from Boise, Idaho, where

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...

remained illegal until the couples' victory in 2014. Before ''Latta v. Otter'', only 16

U.S. states In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its so ...

had legalized same-sex marriage, and Idaho refused to recognize same-sex marriages performed in such states. On September 8, 2014, the Ninth Circuit ruled that Idaho's ban on same-sex marriage was a violation of the U.S. Constitution's guarantee of equal protection.

Obergefell v. Hodges

Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark decision of the United States Supreme Court which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of th ...

, 135 S. Ct. 2584 (2015) is the landmark

civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...

case that resulted in federal legalization of

in the United States. In July 2013, James Obergefell and John Arthur James filed a lawsuit in the state of

Ohio Ohio ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the ...

because it refused to recognize same-sex marriages on

death certificate A death certificate is either a legal document issued by a medical practitioner which states when a person died, or a document issued by a government civil registration office, that declares the date, location and cause of a person's death, a ...

s. In September 2013, the lawsuit was amended to include a second gay couple and a

funeral director A funeral director, also known as an undertaker or mortician (American English), is a professional who has licenses in funeral arranging and embalming (or preparation of the deceased) involved in the business of funeral rites. These tasks o ...

who feared prosecution for falsifying death certificates if he were to note same-sex spouses on gay clients' documents.

Hively v. Ivy Tech Community, College of Indiana

Hively v. Ivy Tech Community College, __ F.3d __, 2017 WL 1230393 (7th Cir. Apr. 4, 2017) ruled in an 8-3 decision by the Seventh Circuit Court of Appeals that

sex discrimination Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but primarily affects women and girls. It has been linked to gender roles and stereotypes, and may include the belief that one sex or gender is int ...

includes

, and therefore violates federal

civil rights law Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of ...

. Part-time professor and open

Kimberley Hively applied multiple times for full-time employment. Still, she was not approved, and her contract was not renewed. She claimed that this was due to her sexuality, and filed with the

Equal Employment Opportunity Commission The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...

. The Seventh Circuit Court ruled in her favor.

Bostock v. Clayton County

Before the Bostock v. Clayton County case, the language of Title VII in the

left the phrase 'based on sex' up for interpretation. The U.S. Equal Employment Opportunity Commission (EEOC) has recognized members of the LGBTQ community as a protected class under Title VII since 2013, but even in 2020, only 21 states had extended employment discrimination protections to members the LGBTQ community. The ''Bostock'' ruling found that discrimination based on sexual orientation or gender identity would be considered discrimination based on sex.